Trump’s “2-for-1” Executive Order Survives Federal Court Challenge

President Donald Trump’s executive order to repeal two federal regulations for every new rule issued has survived its first challenge in federal court. The so-called “2-for-1” order of January 2017 is the centerpiece of the administration’s regulatory reform agenda.

The U.S. District Court for the District of Columbia Feb. 26 rejected a challenge by anti-growth groups because the plaintiffs failed to show any actual harm would result from the rule. The court noted the groups did not identify any specific regulations being withdrawn that harmed them, only that the idea of doing so could hurt their members.

The court, however, did not preclude the groups from making future claims specifying particular regulations that have been withdrawn and caused actual harm. Because of that, ARTBA will continue to monitor the courts for further challenges to the administration’s 2-for-1 order.